Employment

  • January 20, 2017

    Texas High Court To Hear Fight Between Galveston Judges

    The Texas Supreme Court decided Friday to hear a dispute between a Galveston County judge and a Galveston County district court judge that has been framed as a separation-of-powers fight over the firing of a court administrator.

  • January 20, 2017

    Barnes & Thornburg Adds Employee Benefits Expert In Chicago

    Barnes & Thornburg LLP said it has bolstered its corporate department in Chicago by adding an attorney from Drinker Biddle & Reath LLP with expertise in employee benefits and executive compensation.

  • January 20, 2017

    United Flight Attendants Want Quick Change In Pay Reporting

    A class of United Airlines Inc. flight attendants asked a California federal judge on Thursday to quickly rule in their favor regarding claims that the airline violated state wage statement laws and instruct the company to update its practices.

  • January 20, 2017

    Cohen Milstein Pushes For Class Counsel Nod In ERISA Suit

    Two law firms on Thursday continued their push to be appointed co-lead counsel in a putative class action accusing New Jersey’s St. Joseph’s Healthcare System of ERISA violations, telling a federal judge that four other courts have deemed them worthy of the role in similar suits.

  • January 20, 2017

    EEOC, Ad Exec Press 2nd Circ. To Expand Sex Bias Standard

    The U.S. Equal Employment Opportunity Commission and a gay ad executive seeking to revive his bias suit each urged the Second Circuit Friday to reconsider its precedent that sexual orientation discrimination is not covered under Title VII, but the appellate panel signaled that it may first send the case back to the lower court to settle procedural issues.

  • January 20, 2017

    NY Judge Won’t Leave Insurance Row Over Proskauer Past

    A New York magistrate judge on Friday refused to remove herself from an employment case accusing First Unum Life Insurance of improperly terminating disability coverage and denied that she represented the insurer during her time as an attorney at Proskauer Rose.

  • January 20, 2017

    Calif. AG Says Actor-Age Law No 1st Amendment Threat

    A California privacy law aimed at keeping online entertainment industry employment services from listing film industry workers’ ages doesn’t violate IMDb.com Inc.’s free speech rights, in part because it’s a law about contracts, the state attorney general’s office argued Thursday.

  • January 20, 2017

    Judge Refuses Stipulated Stay In Uber Drivers Class Action

    A federal judge in New York on Friday refused to stay a class action suit by Uber drivers demanding to be classified as employees, saying that it would take too long for the Supreme Court to decide whether the National Labor Relations Act precludes enforcement of class action waivers in mandatory arbitration agreements.

  • January 20, 2017

    NHL Says Boston U. CTE Center Won't Hand Over Documents

    The National Hockey League says that the Boston University CTE Center is refusing to hand over documents and materials on its research into the causes of the degenerative brain condition, asking a Minnesota federal court to force the hand over of materials, including documents related to the posthumous diagnosis for one of the named plaintiffs in litigation alleging the league failed to warn players of the dangers of repeated head trauma in hockey.

  • January 20, 2017

    Trump Aims To Guard US Interests In Trade, Jobs

    Shortly after being sworn in Friday, President Donald J. Trump laid out a vision for his administration that he said would put “America first” through a regime of tax, international trade and immigration policy meant to increase job creation and protect U.S. interests.

  • January 20, 2017

    Ex-Tesla Worker Cops To Misdemeanor In Email Hacking Suit

    A former Tesla Motors Inc. mechanical engineer on Thursday pled guilty in California federal court to a misdemeanor charge after allegedly hacking his manager’s email and subsequently posting a confidential customer complaint and false, disparaging remarks about the electric car company.

  • January 20, 2017

    NJ Racetrack Guard Loses Bid To Revive Wage Suit

    A New Jersey state appeals court on Friday refused to revive a Meadowlands Racetrack security guard's putative class action against the racetrack operator, finding that the business is not bound by a state statute requiring employers to pay certain wages to workers providing building services at state-owned and state-leased facilities.

  • January 20, 2017

    Employment Group Of The Year: Akin Gump

    Between beating back four class actions against Home Depot and helping the NFL restore star quarterback Tom Brady’s Deflategate suspension, Akin Gump Strauss Hauer & Feld LLP’s labor and employment team easily earned a spot among Law360’s Practice Groups of the Year.

  • January 20, 2017

    Texas Justices To Review Houston Same Sex Benefits Policy

    The Texas Supreme Court on Friday agreed to review claims that Houston wrongly awarded spousal benefits to same-sex couples who were married out of state before the U.S. Supreme Court’s Obergefell decision declared state bans on same-sex marriage unconstitutional.

  • January 19, 2017

    Bio-Rad CEO Tells Jury He Backdated Fired Exec's Review

    Bio-Rad's CEO admitted in a California federal court Thursday that he answered a Sarbanes-Oxley complaint brought by the company's general counsel by giving the U.S. Department of Labor a backdated review of the fired lawyer.

  • January 19, 2017

    Rolling Back Regulation In The Age Of Trump

    The incoming president’s plans to rein in the power of federal agencies will lead to uncertainty for lawyers and their clients as pending investigations and rulemaking are stopped in their tracks.

  • January 19, 2017

    Most Influential Judges On Trump’s Supreme Court Short List

    A new look at the potential U.S. Supreme Court nominees’ rulings reveals a ranking of judicial influence with some surprises at the top — and at the bottom.

  • January 19, 2017

    The Lawyer Who Will Shape Trump’s Presidency

    Jones Day’s Donald McGahn is stepping into the role of White House counsel, a powerful but little-understood position that has a strong history of impacting the president’s authority.

  • January 19, 2017

    In The Polarized Era Of Trump, BigLaw Searches For Balance

    The alignment of law firms with or against the new administration in legal battles to come could open rifts among attorneys and clients. But the publicity earned for taking on a potentially unpopular case could ultimately be worth any public fallout.

  • January 19, 2017

    Fox Can’t Dodge Netflix Counterfire In Exec Poaching Suit

    The California judge overseeing Twentieth Century Fox’s claims that Netflix improperly poached executives tentatively ruled on Thursday that Fox can’t dodge cross-claims that its employment agreements amount to “involuntary servitude,” rejecting arguments that Netflix’s countersuit targets conduct protected by the state’s anti-SLAPP law.

Expert Analysis

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • ADEA At 50: Trends And Predictions For An Aging Workforce

    Chloe J. Roberts

    Enacted on Dec. 15, 1967, the Age Discrimination in Employment Act is celebrating 50 years of protecting older workers, many with families and children requiring financial support, from unemployment and poverty. At this half-century milestone, we should take a moment to analyze the ADEA’s effect on the workforce, says Chloe Roberts of Roberts & Associates Law Firm.

  • Health Care Enforcement Review And 2017 Outlook: Part 3

    Jordan T. Cohen

    While 2016 marked one of the least productive years in the history of Congress, the same cannot be said of health care enforcement and regulatory agencies. Perhaps motivated by the impending change in administration, these agencies promulgated a number of notable regulations in 2016, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • The International Scope Of SEC’s Whistleblower Program

    Vincent H. Cohen Jr.

    Around the world, corporate insiders are taking note of the significant awards issued by the U.S. Securities and Exchange Commission's whistleblower program and are more willing than ever to report their perceptions of corporate misconduct. This is an unmistakable call to action for multinational companies, say attorneys with Dechert LLP.

  • Key Trade Secret Developments Of 2016: Part 2

    Randy E. Kahnke

    Our first article in this two-part series focused on the most significant event in trade secret law in many years — the passage of the federal Defend Trade Secrets Act. Now we leave the DTSA and highlight five other trade-secret trends that promise to shape future developments, say attorneys with Faegre Baker Daniels LLP.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • Health Care Enforcement Review And 2017 Outlook: Part 2

    Karen S. Lovitch

    In 2016, courts around the country heard cases involving a variety of False Claims Act and other enforcement-related matters. Going forward these case law developments are expected to have an impact on both the scope of FCA liability and the means by which FCA liability can be proven at trial, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • Employment-Based Immigration And Trump: What To Expect

    Brian J. Coughlin

    As President-elect Donald Trump continues to assemble his cabinet and develop strategies for his first 100 days in office, U.S. employers with temporary foreign workers contemplate an uncertain future. Despite Trump’s prediction that he will in time be regarded as the country’s “greatest jobs president,” many in the international business community remain apprehensive, say Brian Coughlin and David Iannella of Fragomen Del Rey Bernsen & Loewy LLP.

  • Examining Preponderance-Of-Evidence Standard At 7th Circ.

    Cinthia Granados Motley

    In Ramirez v. T&H Lemont, the Seventh Circuit recently reasoned that when sanctioning a party’s misconduct under inherent authority or Federal Rule of Civil Procedure 37, a preponderance of evidence is sufficient. The decision will no doubt extend beyond the requisite proof for discovery-related sanctions and misconduct and provide guidance on the applicable burden of proof in other contexts, say attorneys at Sedgwick LLP.